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37-01-28. Failure of member of the militia to appear - Penalty

Every member of the militia who is ordered out or ordered on duty, who volunteers, or who is drafted under the provisions of this title, who does not appear at the time and place designated by that person's commanding officer, the adjutant general, or the mustering officer, who does not produce a sworn certificate of physical disability from a physician in good standing showing that person's inability to appear, must be taken as a deserter and dealt with as prescribed in the uniform code of military justice of the United States.